Digital Commons Network^™

"We Have To Take It To The Top!": Workers, State Policy, And The Making Of Home Care, Jennifer Klein, Eileen Boris

Buffalo Law Review

No abstract provided.

Putting Boomers To Pasture: Does The 2010 Mippa Legislation Reinforce The Nursing Home Bias?, Robert S. Bloink

Pace Law Review

This article seeks to explore what lessons can be learned from how Medicaid end-of-life health care services are provided to the poor post-Olmstead, and how these lessons can be applied to middle class and upper middle class boomers. The article equally seeks to address how such lessons can be integrated into a meaningful dialogue with retiring boomers in a fashion that encourages discussion and decisions regarding end-of-life health care, as opposed to leaving such tough calls for surviving adult children.

To this end, Part II of this article begins by examining the hurdles seniors face in accessing HCBS after the …

Supported Decision-Making: A Viable Alternative To Guardianship?, Amy T. Campbell

UIC Law Open Access Faculty Scholarship

No abstract provided.

Biological Sex Differences In The Workplace: Reports Of The End Of Men Are Greatly Exaggerated (As Are Claims Of Women’S Continued Inequality), Kingsley R. Browne

Law Faculty Research Publications

Common examples of perceived workplace inequality – the “glass ceiling,” the “gender gap” in compensation, and occupational segregation, among others – cannot be well understood if the explanation proffered for their existence is limited exclusively to social causes such as discrimination and sexist socialization. Males and females have, on average, different sets of talents, tastes, and interests, which cause them to select somewhat different occupations and exhibit somewhat different workplace behaviors. Some of these sex differences have biological roots. Temperamental sex differences are found in competitiveness, dominance seeking, risk taking, and nurturance, with females tending to be more “person oriented” …

The "Coopetition" Model: Caring For San Diego's Low-Income Population, Lisa Sprague, Jessamyn Taylor

National Health Policy Forum

This site visit explored aspects of health care delivery for Medicaid beneficiaries and the uninsured in a California county marked by a diverse population, dominant managed care, and stakeholder dedication to solving problems in a spirit of "coopetition." The program looked at the impact of California's Bridge to Reform (the state's Medicaid section 1115 waiver) on federally qualified health centers and the people they serve. Eligibility and enrollment expansions in the Low Income Health Program and Medi-Cal, health information technology adoption and its use to improve care delivery and health, and patient-centered medical homes and care coordination were discussed. The …

Implications Of Rhode Island’S Global Consumer Choice Compact Medicaid Waiver For Rebalancing Long-Term Care Under The Affordable Care Act, Edward Alan Miller, Divya Samuel, Susan Allen, Amal Trivedi, Vincent Mor

Gerontology Institute Publications

Federal approval of Rhode Island’s Global Consumer Choice Compact Global Waiver in 2009 provided Rhode Island with greater flexibility to modify its Medicaid program. Because 96% of long-term care expenditures in Rhode Island were directed toward institutional settings, a primary goal was to facilitate the state’s efforts to shift the locus of long-term care to non-institutional settings. This study draws lessons from Rhode Island’s experience with the Global Waiver for the long-term care rebalancing provisions of the Patient Protection and Affordable Care Act of 2010. Data derive from 325 archival sources and 26 semi-structured interviews. Results suggest that prospectively documenting …

Implications Of Rhode Island’S Global Consumer Choice Compact Medicaid Waiver For Designing And Implementing State Health Reform, Edward Alan Miller, Divya Samuel, Susan Allen, Amal Trivedi, Vincent Mor

Gerontology Institute Publications

Provisions in the Medicaid statute permit states to apply for waivers from traditional program requirements. On January 16, 2009, the federal government approved Rhode Island's Global Consumer Choice Compact Waiver. In exchange for a cap on combined federal and state spending of $12.075 billion through 2013, Rhode Island received greater flexibility to adopt certain Medicaid program changes. This study analyzes the design and implementation of the Global Waiver to draw general lessons for health reform at the state-level, a key concern given ongoing state discretion to improve their health care systems under the Patient Protection and Affordable Care Act. Data …

Implications Of Rhode Island’S Global Consumer Choice Compact Medicaid Waiver For Block Granting Medicaid And Other Retrenchment, Edward Alan Miller, Divya Samuel, Susan Allen, Amal Trivedi, Vincent Mor

Gerontology Institute Publications

On January 16, 2009, the Federal government approved Rhode Island’s application for a Global Consumer Choice Compact Medicaid Waiver whereby the state became the first granted permission to operate its entire Medicaid program under the state plan and a single 1115 “research and demonstration” waiver. The Global Waiver has been implemented in the context of Republican proposals to turn Medicaid into a block grant which would give states substantially more flexibility administering the program in exchange for receiving an upfront allotment from the Federal government. Proponents have held up the Global Waiver as a successful example of what might be …

The Age Discrimination In Employment Act Amendments Of 1978: A Legal And Economic Analysis, Scott W. Hansen

Pepperdine Law Review

No abstract provided.

Volume 15 Index, Eileen Lavigne

Pepperdine Law Review

No abstract provided.

Antitrust Implications Of Medical Peer Review: Balancing The Competing Interests , Joan M. Ruane

Pepperdine Law Review

No abstract provided.

Family Caregivers: The Primary Providers Of Assistance To People With Functional Limitations And Chronic Impairments, Carol O'Shaughnessy

National Health Policy Forum

An extensive body of research conducted over the past several decades has documented that family or other unpaid caregivers provide the majority of care to people who need assistance because of functional limitations or multiple and complex chronic conditions. Families play a central role not only in assisting impaired family members with personal care needs, but also in helping them coordinate health care and supportive services, and, increasingly, providing and/or supervising home-based medical care. This paper presents background information on family caregiving, briefly describes federal programs that provide direct assistance to caregivers, and discusses possible future policy and practice directions.

Mid-Atlantic Ethics Committee Newsletter, Winter 2013

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Preventing Resident-To-Resident Abuse In Long-Term Care: Targeting Sex Offenders But Missing The Mark

Marquette Elder's Advisor

No abstract provided.

Examining Committee Reports As A Basis To Dismiss Petitions To Determine Incapacity: A Question Of Admissibility And Evidentiary Relevancy, Enrique Zamora, Andres Vasquez

St. Thomas Law Review

This article will focus on answering two issues that play an important role in the determination of the need of establishing a guardianship for an AIP. Specifically, (1) whether the requirement that a petition to determine incapacity be dismissed if two examining committee members opine there is no incapacity, in violation of Florida's Evidence Code as well as Chapter 744's requirements; and (2) whether examining committee reports, without testimony, are hearsay under Florida's Evidence Code, section 90.803 of the Florida Statutes, and usurp judicial discretion under section 90.703. Part I will delineate the problem associated with section 744.331(4) of the …

Standards And Basic Principles Of Examining And Evaluating Capacity In Guardianship Proceedings, Stephanie Villavicencio, Alex Cuello

St. Thomas Law Review

In the realm of guardianship law, an elder law attorney is well aware that a declaration of incapacity may strip an individual of more rights than that of a convicted felon. The concept of whether capacity is a matter of fact or law is often debated. The framework for establishing standards governing which rights warrant removal is tenuous and complex. A factual determination of incapacity requires a finding, by clear and convincing evidence, that the Respondent, or alleged incapacitated person, is both functionally unable, either wholly or partially, to care for their person (self) and/or property. This determination culminates in …

Teaching Teamwork To Law Students, Linda Morton, Janet Weinstein, Howard Taras, Vivian Reznik

Faculty Scholarship

Despite law firms’ demand for first year associates who can work collaboratively, teamwork is infrequently taught in legal education. Law professors unfamiliar with teamwork theory and practice are unlikely to use teams to engage students in their learning. As a result, law schools continue to graduate students who are unfamiliar and uncomfortable with the concept of working in teams, particularly interdisciplinary teams.

This article focuses on the teamwork teaching methods we use in the interdisciplinary courses we teach at California Western. We first provide a rationale for teaching teamwork and a brief description of what professional graduate schools are currently …

Eastern Michigan University Graduate Catalog, 2013-2014, Office Of The Registrar

Graduate Catalogs

No abstract provided.

The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle

UIC Law Review

No abstract provided.

Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui

UIC Law Review

No abstract provided.

Guardianship For Vulnerable Adults In North Dakota: Recommendations Regarding Unmet Needs, Statutory Efficacy, And Cost Effectiveness, Winsor C. Schmidt

North Dakota Law Review

No abstract provided.

Clinicians May Not Administer Life-Sustaining Treatment Without Consent: Civil, Criminal, And Disciplinary Sanctions, Thaddeus Mason Pope

Faculty Scholarship

Both medical and legal commentators contend that there is little legal risk for administering life-sustaining treatment without consent. In this Article, I argue that this perception is inaccurate. First, it is based on an outdated data set, primarily damages cases from the 1990s. More recent plaintiffs have been comparatively more successful in establishing civil liability. Second, the published assessments focus on too-limited data set. Even if the reviewed cases were not outdated, a focus limited to civil liability would still be too narrow. Legal sanctions have also included licensure discipline and other administrative sanctions. In short, the legal risks of …

A "Common" Proposal, Stacey A. Tovino

Faculty Articles

The Federal Policy for the Protection of Human Subjects (the "Common Rule") is codified in separate regulations by seventeen federal departments and agencies, including the Department of Health and Human Services (HHS). HHS’s version of the Common Rule currently contains a basic policy for the protection of all human subjects, codified at Subpart A of the Common Rule, as well as special provisions governing human subjects research involving three sets of vulnerable populations, including pregnant women, fetuses, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). This Article proposes that HHS amend the Common Rule to add a …

Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner

Publications

No abstract provided.

Registering Relationships, Erez Aloni

All Faculty Publications

Despite the dramatic changes in family structure in the past decades — including the unprecedented and skyrocketing number of families who live in non-marital arrangements — marriage and marriage-mimic institutions remain the only legal options for the recognition of relationships. This regulatory regime leaves millions of Americans without the means to establish and protect relationship rights. The article suggests that the legal issues arising from non-marital relationships would be best addressed if more options for legal recognition of such relationships were offered. Accordingly, this article presents the primary principles of a registration-based marriage alternative, founded on contract: “registered contractual relationships.” …

A "Common" Proposal, Stacey A. Tovino

Scholarly Works

The Federal Policy for the Protection of Human Subjects (the “Common Rule”) is codified in separate regulations by seventeen federal departments and agencies, including the Department of Health and Human Services (HHS). HHS’s version of the Common Rule currently contains a basic policy for the protection of all human subjects, codified at Subpart A of the Common Rule, as well as special provisions governing human subjects research involving three sets of vulnerable populations, including pregnant women, fetuses, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). This Article proposes that HHS amend the Common Rule to add a …

Should Moving In Mean Losing Out? Making A Case To Clarify The Legal Effect Of Cohabitation On Alimony, Emily M. May

Duke Law Journal

As nonmarital cohabitation has skyrocketed over the last several decades, courts and legislatures have increasingly struggled to decide what legal effect an ex-spouse's cohabitation with a new partner should have on the receipt of alimony payments. In seeking to answer this cohabitation question, states have taken a variety of approaches. Often, however, courts' answers to the cohabitation question are not grounded in the rationale that those courts used to award alimony in the first place and may therefore lead to inconsistent or absurd results. This Note addresses the cohabitation question and argues that states should revisit their current approaches in …

Guardianship Mediation, Janice Grant

Marquette Elder's Advisor

Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.

Board Of Advisors

Marquette Elder's Advisor

No abstract provided.

Table Of Contents

Marquette Elder's Advisor

No abstract provided.